Game breeding and hunting preserves; requirements.
§3.27. Any person
owning, holding or controlling, by lease, which possession must be for
a term of 5 or more years, any contiguous tract of land having an area
of not less that 200 acres, and not more that 1280 acres, with at least
100 acres of suitable wildlife habitat, who desires to establish a game
breeding and hunting preserve area, to propagate, preserve and hunt game
birds shall make application to the Department for a license as herein
provided. Such application shall be made under oath of the applicant or
under oath of one of its principal officers if the applicant is an association,
club or corporation. In the case of releasing and harvesting hand reared
mallards, the tract of land, with the approval of the Department, may
be smaller than that required in this Section but in all other respects
the applicant shall conform to the provisions of this Act. The application
shall be accompanied by a license fee of not to exceed $100 for a Class
A license or a license fee not to exceed $200 for a Class B license.
under this Section shall release not less than 250 Bobwhite quail or pheasants
Upon receipt of such
application, the Department shall inspect the proposed licensed area described
in such application and the premises and the facilities where game birds
are to be propagated and the cover for game birds and the ability of the
applicant to operate a property of this character. If the Department finds
that the area meets the requirements of all applicable laws and administrative
rules and that the game birds are reasonably healthy and disease free;
and that the issuing of the license will otherwise be in the public interest;
the Department shall approve the application and issue the license for
the operation of the property described in the application with the rights
and subject to the limitations in this Act prescribed.
All game breeding
and hunting preserve area licenses expire on April 30 of each year.
Upon receipt of such license, the licensee shall promptly post such licensed
areas at intervals of not more than 500 feet with signs to be prescribed
by the Department. The boundaries of such licensed game breeding and hunting
preserve areas shall also be clearly defined by natural or artificial
boundaries and by signs.
(Source: P.A. 85-152.)
[Formerly Ill. Rev. Stat. 61 §3.27.]
5/3.28. Licensee Limits -
Game breeding and hunting preserve areas.
§3.28. The licensee
of any licensed game breeding and hunting preserve area may take, or authorize
to be taken, on licensed areas and within the season fixed and designated,
and in such numbers as herein provided, the following: (a) 100% of each
of the following species of game birds released within the said season;
hand reared pheasants, Bobwhite quail, Hungarian partridges, Chukar partridges,
Coturnix and wild turkeys; and (b) hand reared mallard ducks may be released
at any time of the year for shooting purposes and 100% of those released
may be harvested by shooting.
All the foregoing birds so released, except Coturnix, shall be at least
16 weeks of age before releasing the same and shall possess full plumage.
(Source: P.A. 84-150.)
[Formerly Ill. Rev. Stat. 61 §3.28.]
5/3.29. Game breeding and
hunting preserve areas - Release of birds.
§3.29. For the purpose
of this Act, game birds shall be released upon licensed game breeding
and hunting preserve areas in a manner satisfactory to the Department.
The licensee shall keep a register on forms prescribed by the Department
which shall clearly show the number and kind of game birds released each
year, the month of release, and also the number and kind of game birds
taken, the month when taken and the disposition made of such game birds,
and shall submit such reports under oath as to game birds released and
taken, to the Department not later 10 days following the end of each month
during the season.The Department shall keep an adequate record of the
number of birds released on each licensed game breeding and hunting preserve
area in each year and of the birds taken.
The Department shall prepare special tags suitable for use upon legs of
game birds, including hand reared mallard ducks, which tags shall be of
a type not removable without breaking and mutilating the tag, such tags
to be used to designate birds taken upon a licensed game breeding and
hunting preserve area, and such tag shall remain upon the leg of such
game bird until such bird is finally prepared for consumption. Those licensed
areas which dress game birds may affix the tag to the bag in which the
dressed game birds are contained.
Upon application and
payment of a fee of 10 cents for each such tag, the Department shall furnish
licensees with such tags. All game birds harvested on licensed areas are
to be properly banded on the same day they are taken.
(Source: P.A. 84-150.)
[Formerly Ill. Rev. Stat. 61 §3.29.]
5/3.30. Game breeding and
hunting preserve areas - Seasons.
§3.30. Game birds
may be taken upon a Class A game breeding and hunting preserve area only
during the period from September 1st to April 15th of each year, both
dates inclusive. Game birds may be taken upon a Class B game breeding
and hunting preserve area all year.
Before any person
shall take or attempt to take game birds upon such licensed game breeding
and hunting preserve areas, he shall first secure a hunting license in
accordance with this Act.
(Source: P.A. 85-152.)
[Formerly Ill. Rev. Stat.61§3.30]
5/3.31. Enforcement of game
§3.31. The Department
may designate any operator of a license game breeding and hunting preserve
area or any of his or its agents or employees as a special representative
of the Department with power to enforce the game laws and to prevent trespassing
upon such property; provided that not more than two special representatives
may be appointed for each such preserve. Such special representative shall
be subject to rules and regulations to be prescribed by the Department
and shall serve without compensation from the Department.
(Source: P.A. 84-150.)[Formerly
Ill. Rev. Stat. 61§3.31]
5/3.33. Game breeding and
hunting preserve area; licensing provisions.
§3.33. The Department
may either refuse to issue or refuse to renew or may suspend or may revoke
any game breeding and hunting preserve area license if the Department
finds that such licensed area or the operator thereof is not complying
or does not comply with the provisions of Section 3.35 of this Act, or
that such property, or area is operated in violation of other provision
of this Act, or in an unlawful or illegal manner; however the Department
shall not refuse to issue, refuse to review nor suspend or revoke any
license for any of these causes, unless the licensee affected has been
at least 15 days notice in writing, of the reasons for the action of the
Department and an opportunity to appear before the Department or a representative
thererof in opposition of the action of the Department. Upon the hearing
of any such proceeding, the person designated by the Department to conduct
the hearing may administer oaths and the Department may procure, by its
subpoena the attendance of witnesses and the production of relevant books
and papers, The Circuit Court upon application either of the licensee
affected, or of the Department, may, or order duly entered, require the
attendance of witnesses and the production of relevant books and papers
before the Department or its representative in any such hearing. Upon
refusal or neglect to obey its order, the Court may compel obedience by
proceedings for contempt of court.
(Source: P.A. 84-150.)
[Formerly Ill. Rev. Stat. 61§3.33.]
5/3.35. Misuse or transfer
of tags issued.
§3.35. Any licensee,
or any other person, who willfully and intentionally transfers or permits
the transfer of the tags issued to the operator of one licensed game breeding
and hunting preserve area to the operator of another licensed game breeding
and hunting preserve area, or to any other person, or who affixes such
tags to game birds not taken from a licensed game breeding and hunting
preserve area or to game birds taken from any area other than the area
for which such tags were issued, is guilty of a Class B misdemeanor.
(Source: P.A. 84-150.)
[Formerly Ill. Rev. Stat. 61 §3.35.]
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except on game
breeding and hunting preserve areas licensed under Section 3.27. If the
shotgun is capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting preserve area
licensed pursuant to Section 3.27, be fitted with a one piece plug that
is irremovable without dismantling the shotgun or otherwise altered to
render it incapable of holding more than 3 shells in the magazine and
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this Act, or
hunt with a gun or dog , or allow a dog to hunt, within 300 yards of an
inhabited dwelling without first obtaining permission from the owner or
tenant, except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with shotgun using
shot shells, or on licensed game breeding and hunting preserve areas,
as defined in Section 3.27, on property operated under a Migratory Waterfowl
Hunting Area Permit, on federally owned and managed lands and on Department
owned, managed, leased or controlled lands, a 100 yard restriction shall
5/3.2. Hunting license; application;
special nonresident hunting license authorizing a nonresident to take
game birds by hunting on a game breeding and hunting preserve area only,
established under Section 3.27, shall be issued upon proper application
being made and payment of a fee equal to that for a resident hunting license.
The expiration date of this license shall be on the same date each year
that game breeding and hunting preserve area licenses expire.
Return to GBHPA